B1/B2 visa while waiting for H1b approval

[strokedoc]

I am in my 5 th year of H1b visa that ends July 31, 2013 the last day of my employment at fellowship program. I have accepted a job offer which will renew my H1b but I will have to wait to file H1b renewal at least until September as I cannot get on the payroll for the job until then. My lawyer suggested that we apply for B1/B2 ( from August until September end); and as I get my hospital credentialing we immediately file H1b so I can maintain H1b status by being on the payroll for hospital.

My questions are:
1.Can you apply for B1/B2 visa while you are already residing in the US on another visa ( such as H1b in my case).
2. If I have a valid reason to stay in the US during that period such as taking a board exam, would that be sufficient documentation for B1/B2
3. Has anyone done this before. What happens if B1/B2 gets rejected ? Does this activity have any adverse effect on green card application in long term?

Thanks.

[peace999]

Yes, you can apply for a change of status( COS) from H1b to B1/B2 . And if this COS is approved , you will again file another COS back to H1b
when your new H1b petition is approved.

There is no guarantee of a B1/B2 success. The response may very well come after your H1b status expires.
If it is denied, you will have to leave US immediately or you will be out of status.
A denial won't have any effect on your GC application as that is independent.

I think you should go through a very good immgration attorney for COS to B1/B2 rather than doing it yourself.


You could even go home before your current H1b status expires and apply for a visa stamp for the new H1b at the US embassy/consulate. The problem there is getting caught up in 221g delays.

[strokedoc]

B1/B2 visa while waiting for H1b approval

Peace999- thank you for replying to my post. I really appreciate. My immigration attorney sounded pretty confident, I agree will get her help.
I will go ahead with B1/B2. I read about 221 g after your note - its so crazy ! I dint know it existed but certainly a nightmare.

I want one more advice since this was very helpful. I am planning a short trip to india. My I-797 was issued by (current employer) beginning July 1st 2012 and is valid upto July 31 st 2013. I do not have a visa stamp on my passport so I will have to get it stamped at US consulate in India before I return to USA on July 22 nd 2013.
Since this visa will be valid for only 7 more days I hope they will not have any problem stamping it. If during the visa interview at US consulate they ask me why I am going back for just 7 days I could probably say that my new employer will file an extension after I reach USA. / or I am changing jobs or even take documentation of signed contract with the new employer. Thanks in anticipation for your advice.

Yes, you can apply for a change of status( COS) from H1b to B1/B2 . And if this COS is approved , you will again file another COS back to H1b
when your new H1b petition is approved.

There is no guarantee of a B1/B2 success. The response may very well come after your H1b status expires.
If it is denied, you will have to leave US immediately or you will be out of status.
A denial won't have any effect on your GC application as that is independent.

I think you should go through a very good immgration attorney for COS to B1/B2 rather than doing it yourself.


You could even go home before your current H1b status expires and apply for a visa stamp for the new H1b at the US embassy/consulate. The problem there is getting caught up in 221g delays.

[peace999]

THis does not seem like a good move. They won't give you a visa for 7 days.

By the way, did you change status to H1b from another visa? what was it?

That could complicate things changing status too many times.

H1b involves too many issues especially with changing employers/status and leaving country when a petition is pending.

I suggest you take another opinion with a big law firm like

m u r t h y dot com